Judge clears way for Eversole trial in less than 4 weeks

Eversole gets separate trial in bribe caseCommissioner can proceed without co-defendant in less than four weeks

CHRIS MORAN, HOUSTON CHRONICLE

Published 6:30 am, Friday, January 28, 2011

The federal judge presiding over the bribery case against Commissioner Jerry Eversole has ruled that Eversole can be tried separately from his co-defendant, clearing the way for the commissioner's trial to start in less than four weeks.

Eversole is charged with one count of accepting a bribe and one count of conspiracy, accused of steering lucrative county contracts to his friend, developer Michael Surface, in exchange for more than $100,000 in cash and gifts. He also faces two counts of filing false income tax statements.

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Thursday's ruling by U.S. District Judge David Hittner is mixed news for the Eversole camp. Eversole's attorney, Rusty Hardin, said in court this month that he repeatedly had counseled his client against a speedy trial because of the risk that his defense team would not be as prepared as it should be.

Hardin even had Eversole stand during a January hearing and asked him if he wanted to proceed quickly despite that risk, to which Eversole replied, "Absolutely."

A trial in February gives Eversole the chance — if he is acquitted - to more quickly put behind him allegations that have dogged him for years. The Department of Justice has been investigating Eversole for nearly three years, Hardin has said. Eversole himself told the Chronicle two years ago that he would not be surprised to be indicted, though he has maintained that he is not guilty.

Surface's attorneys asked Hittner for a delay until October. Hittner has also granted that request.

Chip Lewis, an attorney for Surface, said he now will have adequate time to prepare his client's defense. He also said the severance ruling was correct.

"All of these charges were very well-publicized before the indictment," Lewis said. "The electorate saw fit to re-elect (Eversole). He is eager to illustrate his innocence and recognize that those voters' confidence in him is well placed."

Federal prosecutors based in Washington have compiled 400,000 pages of documents in preparation for the case.

The prosecutors had opposed severing the trials, arguing that it would amount to holding the same trial twice and would be a "massive waste of resources."